A Public Interest Litigation (PIL) has been filed by the Youth Bar Association of India (YBAI) in Supreme Court seeking for mandating pre-litigation mediation across India.
In this PIL, Youth Bar Association of India expressing his concern over the number of cases flood up in Courts across India.
It advocates the use of alternate dispute resolution in order to control non serious matters which came in court for litigation and increase the workload. Mediation will provide an opportunity to parties to come together and settle their disputes
In PIL YBAI mentioned that “Pre-litigation’ mediation is nothing but an attempt to resolve the dispute among the parties amicably with the help of neutral third party called Mediator before going to the court or even before filing litigation or sending a notice. It gives a chance to both the parties to end the dispute in a win-win position. In it issues can be sorted out sooner and this process is inexpensive compared to the expenditure incurred at every stage of the case/issues in litigation. To reduce the number of pending cases, the Government should work on a mechanism to introduce a pre-litigation mediation process, so that avoidable cases can be prevented from reaching the courts and settle the issue effectively. It’s a step sine qua non to improve the judicial system in India”,